Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...

The quantification of damage due to price overcharges necessarily involves the estimation of pass-on. This paper clarifies that pass-on is simply another way of describing the optimal reaction of firms to changes in their environment. It also addresses common misconceptions about a firms'...

For several years, an increasing number of commentators have been expressing concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the economy. These concerns have led to...

Although there could be a danger of generalizing and simplifying complex economic questions through bold statements, the digital economy is prone to discrimination and self-favoring. Not only do such allegations arguably form the core of EU-antitrust cases as Google Shopping and Amazon, but the...

Critical observers state that current antitrust policies fall short of addressing the wider societal implications of a market economy, inter alia in merger control. The interests of employees in decent wages, merger impacts on the environment, or the pursuit of a governmental industrial policy...

China's new Anti-Monopoly Law (AML), over two decades in the making, was finally enacted on August 30, 2007 and on August 1, 2008 will replace the disparate and ineffective competition regime currently in place. Legislators invited the input of a wide array of domestic and foreign legal experts...

Where it applies, the essential facility doctrine requires a monopolist to share its quot;essential facility.quot; Since the only qualifying exclusionary practice is the refusal to share the facility itself, the doctrine comes about as close as antitrust ever does to condemning quot;no...

Over the past two to three decades economics has played an increasingly important role in the development of U.S. antitrust enforcement and policy. This essay first reviews the major facets of U.S. antitrust enforcement and next reviews the ways in which economics - starting from a low base -...

This paper evaluates four publicly discussed policy options to mitigate market power in the German wholesale electricity market. These four options are: a regulatory solution favoured by the Federal Ministry for Economics and Technology, the implementation of a day-ahead flow-based market...

In Verizon Communications v. Trinko, 540 U.S. 398 (2004), the Supreme Court held that a telephone company's refusal to share its network with rivals did not constitute monopolization. Although many aspects of the Court's holding are a defensible application or extension of existing case law, its...